SOCU’s priority is not fairness, legality

Dear Editor,

Every day that passes confirms more and more, that the Special Organised Crime Unit (SOCU) has no interest in investigating organised crimes for which it was established. It is becoming clearer with each passing day that this unit’s agenda is to execute the diktats of politicians to do hatchet jobs on identified persons.  This sinister mission of SOCU was unwittingly made clear by no other than its Head, Mr. Sydney James, whose remarks were carried in separate and different stories published in the Stabroek News (2nd May 2017) and Kaieteur News (2nd May 2017).

In the Stabroek News article, it is reported that Mr. James indicated that SOCU has not been requested to investigate the 476 pounds of gold which was alleged to have left Guyana, illegally and stolen in Curacao. The estimated worth of this gold is USD$11.5M. This is approximately GYD$2.5B. One does not have to be a rocket scientist to conclude that the disappearance of this gold is part of an organised criminal enterprise.

However, SOCU has been instructed to investigate a concocted and contrived criminal case of missing law books worth USD$2000 and to institute a criminal charge, which can never be proven, in relation thereto.

In the Kaieteur News article, the same Mr. James is quoted as lamenting the delay in receiving legal advice in respect of investigations being done by SOCU. All of the investigations listed by Mr. James in that article, are politically directed. Again, Mr. James has blissfully exposed that legal advice is viewed not as a fundamental facet of the investigations of SOCU but is more of an obstacle and hindrance. It is clear, therefore, that SOCU’s priority is not a fairness and legality in their investigations but is to do a hatchet job and institute criminal charges as quickly as possible.

In my case, the alacrity was unprecedented. I was called in for questioning by SOCU on Monday the 24th of April 2017. I served SOCU with a High Court Order on the 25th of April, preventing them from seizing the books. On the 26th of April, the file was sent to the Director of Public Prosecutions (DPP) for legal advice. On the 27th of April, I was charged! Clearly, there was no delay in getting advice in my case.

On the 27th of April in Court, my lawyers requested full disclosure of all statements and evidence to be made to the Defence on the next Court date, the 9th of May. On Tuesday, a letter was written to the Special Prosecutor reminding him of this request. I also spoke to him in person on Tuesday. He told me he does not have all the statements yet. Yesterday, he responded, in writing and informed me that “investigations are not yet completed”!! So, in their haste, they charged me without statements and without the investigations even being completed!! What if the continuing investigations unearth evidence that is exculpatory? Do you really think they will bring forth this evidence, withdraw the charge and suffer the consequential public embarrassment? Of course not!!

Clearly, this matter is about political vengeance and vendetta and has nothing to do with justice and fairness. In this political climate,  it may not be insignificant that the Special Prosecutor is the brother of a sitting Minister of the Government.

I call upon the Special Prosecutor and SOCU to use the same speed referred to above in getting those statements ready and available and conclude the investigations before the next Court date and be prepared to proceed with their case at the same speed, as well.

Yours faithfully,

Anil Nandlall